MATTER OF MULLENHOFF


278 A.D. 963 (1951)

In the Matter of the Probate of The Will of Lillian Mullenhoff, Deceased. Kathryn M. A. Cox, Appellant; The Roman Catholic Church of St. Mary Magdalene et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 18, 1951.


Decree reversed on the law and the facts, without costs, and the matter remitted to the Surrogate's Court for the entry of a decree admitting the will to probate and, in the discretion of the Surrogate, for the award of costs, counsel fees and expenses for the proceedings in the Surrogate's Court, and for counsel fees and expenses in the appeal to this court.

The finding that the testatrix did not request the subscribing witnesses to act as such and that the will...

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